How is the Individuals with disabilities Education Act (IDEA) different from Section 504?
There are a number of differences between the two statutes, which have very different, but complementary, objectives. Perhaps the most important is that Section 504 is intended to establish a level playing field”—usually by eliminating barriers that exclude persons with disabilities. IDEA is remedial—often requiring the provision of programs and services in addition to those available to persons without disabilities. By distinction, IDEA is similar to an “affirmative action” law: as some have asserted, school children with disabilities who fall within IDEA’s coverage are sometimes granted “more” services or additional protections than children without disabilities. The “more” and “additional” denote another important difference between Section 504 and IDEA. While IDEA requires “more” of schools for children with disabilities, it also provides schools with additional, if insignificant, funding. Section 504 requires that schools not discriminate, and in some cases undertake actions that
